Lotus Terms of Use

Last updated: 25 May 2016

Thanks for using Lotus! These terms of service ("Terms") cover your use and access to the Lotus service ("Lotus"). By using Lotus, you're agreeing to be bound by these Terms, and to review our Privacy Policy. If you're using Lotus for an organization, you're agreeing to these Terms on behalf of that organization.

Your Stuff & Your Permissions

When you use Lotus, you provide us with hand-drawn strokes on one or more Lotus drawing spaces ("Your Boards"). Your Boards are yours. These Terms don't give us any rights to Your Boards except for the limited rights that enable us to offer Lotus.

We need your permission to host do things like hosting Your Boards, backing them up, and sharing them when you ask us to. Your Boards are stored in Google Firebase and require you to explicitly share them with others by email address or phone number.

Sharing Your Stuff

Lotus lets you share Your Boards with others, so please think carefully about what you share.

Your Responsibilities

You are responsible for your conduct and Your Boards. Content in Lotus may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms. But we have no obligation to do so. We aren't responsible for the content people post and share via Lotus.

Finally, Lotus is not intended for and may not be used by people under the age of 13. By using Lotus, you are representing to us that you're over 13.

Software

Lotus is distributed as an application (the "Software") via the iTunes App Store. As long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access Lotus. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Software, attempt to do so, or assist anyone in doing so.

Our Stuff

Lotus is protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in Lotus, others' content in Lotus, Lotus trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Paid Accounts

Use of In-App Purchases. Lotus uses In-App Purchases through the iTunes App Store, run by Apple. Please see their Terms and Conditions for additional information the collection and use of your information.

Billing. A subscription fee of $1.99/month per unique iTunes Account is required to use Lotus. You will be asked once inside the app to buy a subscription. The first month is free and you will not be charged during that period. Following the first month, you will be charged $1.99 for a month’s worth of use. Payment will be charged to your iTunes Account at confirmation of the purchase. Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current month. Auto-renewal may be turned off by going to your iTunes Account Settings after purchase.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Termination

You're free to stop using Lotus at any time. We also reserve the right to suspend or end Lotus at any time at our discretion and without notice. For example, we may suspend or terminate your use of Lotus if you're not complying with these Terms, or use Lotus in a manner that would cause us legal liability, disrupt Lotus or disrupt others' use of Lotus. We reserve the right to terminate and delete your account if you haven't accessed Lotus for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.

Services "AS IS"

We strive to provide the best experience possible with Lotus, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, BRIAN ZAIK (THE "LOTUS TEAM") AND AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. LOTUS IS PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR THE LOTUS TEAM OR ITS AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL THE LOTUS TEAM, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:

(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THIS WILL BE REGARDLESS OF WHETHER OR NOT THE LOTUS TEAM OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ADDITIONALLY, THE LOTUS TEAM, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO LOTUS FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO THE LOTUS TEAM FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.

Some places don't allow the types of limitations in this paragraph, so they may not apply to you.

Controlling Law

These Terms will be governed by California law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.

Entire Agreement

These Terms constitute the entire agreement between you and the Lotus Team with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

The Lotus Team's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. The Lotus Team may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account or by posting on this page). By continuing to use or access Lotus after the revisions come into effect, you agree to be bound by the revised Terms.

Contact Details

If you have any questions or concerns regarding these Terms of Use, or you wish to contact us by email, our contact information is as follows: